DeSoto City Council Meeting
Tuesday, September 5, 2006

The City Council of the City of DeSoto met in Regular Session on Tuesday, September 5, 2006, in the DeSoto Town Center, 211 E. Pleasant Run Road, DeSoto, Texas

 

Mayor Hurtt called the meeting to order 6:06 p.m.


Members Present:
Mayor Hurtt
Mayor Pro Tem Waddle
Councilmember Helm
Councilmember Clardy
Councilmember Sherman
Councilmember Williams
 


 

A.

WORK SESSION


 

1.

Review of Master Agenda by City Manager.

 

A Work Session will not be held prior to the September 19, 2006 Regular Council meeting. 



 

2.

Discussion of Regular Agenda items.


 

3.

Discussion of the possibility and desirability of developing an Ordinance to prohibit residents of DeSoto from keeping certain breeds of dogs.

 

City Attorney Pete Smith provided a summary of the Texas Legislation - Health and Safety Code regarding dangerous animals (dogs).  A dangerous dog is defined as a dog that has bitten someone.  Animal Control Officer Ronnie Littles stated that the majority of calls they receive are regarding Pitt Bull and Pitt Bull Mix dogs.  Officer Littles also recommended that a Veterinarian would be the person to identify the breed type since a veterinarian is required to place the breed type on the vacination documents and all dogs are required to receive the rabies vacination.  Police Chief Brodnax stated that the Police Department had received 452 calls regarding Pit Bulls from January through July 2006. 

Paul Benson, 741 Regalwood, requested to address Council and Mayor Hurtt granted his request.  Mr. Benson said since sex offenders can be placed on the internet, why not place the dangerous dogs on the internet. 

Consensus of Council is to move forward with the development of an Ordinance.  City Attorney Smith will prepare a draft document for Council's consideration.  City Manager Baugh recommended a Public Meeting for input from the citizens and to receive testimony for Veterinarians.



 

4.

Discussion and update on the suggested amendments to the Alarm Permit Ordinance.

 

Camelia Browder provided background information on the False Alarm letter of notification and potential fines that is mailed each time a false alarm is received.  The State law now allows the amount of $50.00 to be charged for a residential alarm permit and $100.00 for a commercial permit.  The City of DeSoto alarm permit is currently $25.00 for residential.  Tim Smith, Managing Director of Regional Dispatch,  stated that some residents have alarms but do not pay for a monitoring service.  The resident turns on the alarm system and when the alarm sounds, it alerts the other homeowners and they call in the alarm.  Council discussion of resident's age to determine alarm fee.  Ms. Browder said she would verify if a Public Hearing is required.

Councilmember Mayer arrived at 7:10 p.m. 

Mayor Hurtt recessed the meeting at 7:13 p.m. 



 

B.

REGULAR SESSION - CALL TO ORDER

 

Mayor Hurtt called the Regular Session to order at 7:13 p.m.


Members Present:
Mayor Hurtt
Mayor Pro Tem Waddle
Councilmember Helm
Councilmember Mayer
Councilmember Clardy
Councilmember Sherman
Councilmember Williams
 


 

1.

Invocation by: Curt Krohn, Faith Bible Church


 

2.

Pledge of Allegiance led by Councilmember Thelma Clardy


 

3.

Ambassador:  Gary Pettigrew, Parks & Leisure Services - Gary retired fromQualex, Inc. in 2003 after over 20 years of service.  Shortly thereafter, he became an employee with the City of DeSoto, as a meter reader and later transferred to Building Services.  His favorite pastimes are gardening, working on the computer, watching TV, and traveling.  Gary is a Cowboys and Mavericks fan and has lived in DeSoto for 11 years.  Little known fact:  Gary’s latest hobby is to collect as much money as he can. 


 

C.

PRESENTATIONS


 

1.

Annual Briefing to Council by Amanda Hinton, Chairman of the Board for the Best Southwest Chambers of Commerce.


 

2.

Presentation of Proclamation recognizing Constitution Week.

 

Elizabeth Reed accepted the Proclamation on behalf of the Daughter’s of the American Revolution.



 

3.

Presentation of Keep DeSoto Beautiful Annual Plan, Goals and Calendar for 2006-07.

 

Linda Zander, Chair of the Keep DeSoto Beautiful Corporation Board, provided the presentation. Mel Rapp, Managing Director of Park and Leisure Services and Board members in attendance were Vice Chair Patricia Davis, Secretary Kelle Larson, Publicity Elizabeth Green, Wayne Valentine, and Tim Youngblood.   



 

D.

CONSENT AGENDA


 

1.

Approval of City Council Minutes

a. Regular Meeting - 04-04-06, 04-18-06, 08-15-06
b. Special Meeting - N/A
 

 

2.

Acceptance of Board and Commission Minutes

a. Board of Adjustment - N/A
b. Building and Standards Commission - N/A
c. Civil Service Commission - N/A
d. DeSoto Economic Development - 07-24-06, 08-16-06
e. Library Board - N/A
f. Park Development Corporation - N/A
g. Planning and Zoning Commission - N/A
h. DeSoto Arts Commission - N/A
i. Keep DeSoto Beautiful - N/A
j. Zoning Board of Adjustment - N/A
 

 

3.

Ordinances and Resolutions 
        No items scheduled for this Agenda.


 

4.

Contracts and Agreements 
        No items scheduled for this Agenda.


 

5.

Other Consent Items

a. Consider nomination of Jan Belcher, Assistant City Manager for Lancaster to the NCTCOG Air Transportation Technical Advisory Committee (ATTAC).
b. Consider appointment of Councilmember Carl Sherman as the Dallas Regional Mobility Coalition (DRMC) Representative for the City of DeSoto and City of Lancaster.

Motion by Councilmember Sherman with second by Councilmember Clardy to approve the Consent Agenda as presented. Motion approved unanimously.



 

E.

PUBLIC HEARINGS


 

1.

Consider case Z-1071-06; a Specific Use Permit (SUP) for a Telecommunications Tower located at 1430 N. Polk Street; consisting of approximately 568.51 sq. ft. and containing one leased site on a four acre tract; Applicant: Dave Kirk;  Owner: T-Mobile Texas, L.P.; and adopting Ordinance.

Motion by Councilmember Helm with second by Mayor Pro Tem Waddle to open the Public Hearing. Motion approved unanimously.


 

Linda Zombeck, City Planner, presented excerpts from the staff managment report.


 

Dave Kirk, 7668 Warren Parkway, Frisco, Texas, representative for T-Mobile, addressed Council and provided a slide presentation.


 

Councilmembers asked for clarifications and Mr. Kirk responded.


 

Rev. Christopher Willis, 1104 Longmeadow, DeSoto, addressed Council with his comments. 


 

Linda Bailey, 920 Manor Drive, addressed Council and spoke in opposition to the tower. 


 

Cecelia Kneeland, 810 Aspen Lane, DeSoto, addressed Council and spoke in opposition to the tower. 


 

Ms. Bailey addressed Council again.


Motion by Mayor Pro Tem Waddle with second by Councilmember Sherman to close the Public Hearing. Motion approved unanimously.


 

City Secretary Shipman read the Ordinance caption into the official record.


 

Mayor Hurtt summary comments.


 

Ms. Zombeck addressed questions from Councilmember Mayer.


Motion by Councilmember Helm with second by Councilmember Mayer to approve the item as presented.  Motion failed with three (3) votes in favor from Mayor Hurtt, Councilmember Helm, and Councilmember Mayer, and with four (4) votes in opposition from Mayor Pro Tem Waddle, Councilmember Clardy, Councilmember Sherman, and Councilmember Williams..


 

A super-majority of 5 votes by Council was required to approve this item.  The vote of 3 votes in favor and 4 votes in opposition resulted in a denial of the case.



 

2.

Conduct a Public Hearing on the Budget and Assessment Rate for the Candle Meadow Public Improvement District (CMPID) and consider approval of an Ordinance to adopt the Five year plan, adopting the Budget for FY 2006-2007, and Levying a Special Assessment for 2006.

Motion by Councilmember Clardy with second by Councilmember Mayer to open this Public Hearing. Motion approved unanimously.


 

Camelia Browder, Managing Director of Finance, presented excerpts from the staff management report.


 

Lisa Abram, 716 Magnolia Trail, representing Candle Meadow Home Owners Association, addressed Council.


Motion by Councilmember Mayer with second by Councilmember Helm to close this Public Hearing. Motion approved unanimously.


 

City Secretary Shipman read the caption of the Ordinance into the public record.


Motion by Mayor Pro Tem Waddle with second by Councilmember Clardy to approve the item as presented. Motion approved unanimously.



 

3.

Conduct Public Hearing on the proposed Budget, Capital Improvement Program (CIP), and Work Plan for FY 2006-2007.

Motion by Councilmember Helm with second by Councilmember Williams to open this Public Hearing. Motion approved unanimously.


 

Camelia Browder, Managing Director of Finance, presented excerpts from the staff management report and reviewed the documents.


Motion by Councilmember Helm with second by Councilmember Williams to close this Public Hearing. Motion approved unanimously.


 

Public Hearing conducted.  No voting action required.



 

4.

Conduct second Public Hearing on proposed Tax Rate for 2006.

Motion by Councilmember Mayer with second by Councilmember Clardy to open this Public Hearing. Motion approved unanimously.


 

Camelia Browder, Managing Director of Finance, presented excerpts from the staff management report.


 

Velma Pearson, 1065 Briarwood Lane, addressed Council regarding the tax increase. 


Motion by Councilmember Mayer with second by Mayor Pro Tem Waddle to close this Public Hearing. Motion approved unanimously.



 

5.

Consider approval of renewing Solid Waste Contract with Duncan Disposal through May 31, 2012, granting an additional five year Renewal Option with agreement of both parties, and Increasing Residential Solid Waste Collection Rates.

Motion by Councilmember Helm with second by Councilmember Mayer to open this Public Hearing. Motion approved unanimously.


 

Lynda Humble, Assistant City Manager, provided excerpts from the staff management report.


 

Comments from Councilmember Clardy and Assistant City Manager Humble.


Motion by Councilmember Mayer with second by Councilmember Clardy to close this Public Hearing. Motion approved unanimously.


Motion by Councilmember Mayer with second by Councilmember Williams to approve the item as presented. Motion approved unanimously.



 

F.

REGULAR AGENDA - New Business


 

1.

Consider approval of purchase and financing for a 911 switch from Positron with financing from SunTrust.

 

Camelia Browder, Managing Director of Finance, presented excerpts from the staff managment report.


Motion by Councilmember Clardy with second by Mayor Pro Tem Waddle to approve the item as presented. Motion approved unanimously.



 

2.

Consider a Professional Services Contract with RJN Group in the amount of $68,380 for the Drainage Improvements at Seven Locations Project.

 

Walter Shumac, City Engineer, presented excerpts from the staff managment report.


Motion by Councilmember Clardy with second by Councilmember Mayer to approve the item as presented. Motion approved unanimously.



 

3.

Consider a construction contract with Venus Construction in the amount of $253,465.98 for the Belt Line Siphon Improvements Project.

 

Walter Shumac, City Engineer, presented excerpts from the staff management report and provided a slide presentation.


Motion by Councilmember Mayer with second by Councilmember Sherman to approve the item as presented. Motion approved unanimously.



 

4.

Consider award of bid for painting and wall cover for Town Center.

 

Jimmy Stephens, presented excerpts from the staff management report and explained the bid process.


Motion by Councilmember Sherman with second by Councilmember Williams to approve the item as presented. Motion approved unanimously.



 

G.

REGULAR AGENDA - Old Business


 

H.

CITIZEN APPEARANCES

 

Edwin Drayden, 509 Summertree, addressed Council with concerns and recommendations regarding the Youth Sports Organizations.



 

I.

ANNOUNCEMENTS

 

Mayor Hurtt made an announcement of a meeting on Saturday, September 9, 2006 at 9:00 a.m., for a public presentation by the City and Trammell Crow as to the proposal for the Town Center Project.  Council will have a public meeting following to discuss these items at that time.

Caterbury Episcopal School will have a ceremony at 9:00 a.m. to mark the anniversary of September 11th.

Mayor Hurtt stated, "Last Friday and again on Saturday, the Dallas Morning News quoted that the City of DeSoto was a participant in having funded $10,000 to join a coaltion of Mayors hosted by Arlington, Fort Worth, Dallas, and Houston to look at issues to TU Electric and the building of coal plants.   The City of  has not issued a letter joining this coalition nor have we funded $10,000.  We as a Council, discussed this and are concerned about air quality in this community and would like to be a participant in formulating some of the information and some of the actions of this committee and until we work out some of those details, we have not moved forward with this,  contrary to what the Dallas Morning News said".



 

J.

EXECUTIVE SESSION AND RESULTING POTENTIAL ACTION

 

No Executive Session scheduled for this Agenda.



 

K.

ADJOURNMENT

 

Mayor Hurtt adjourned the meeting at 9:38 p.m. 




An audio tape of the Work Session and an audio tape and video tape of the Regular Session for this meeting are stored with the City Secretary through the Records Management Program.  The City Secretary, per the adopted retention schedules of the Texas State Library and Archive Commission, will maintain a complete file copy of the City Council Agenda Packet.


Respectfully submitted,



 
_________________________________
Anell Shipman, City Secretary

 

APPROVED:_________________



 
________________________________
Mayor Michael Hurtt